Preview
POS-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
Jared Walder (SBN 310687)
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard, Los Angeles, CA 90024
TELEPHONENO.: 310-438-5555 FAX NO. (Optional: 310-300-1705
E-MAIL ADDRESS (Optional): jared@ tomorrowlaw.com
ATTORNEY FOR (Name): P laintiff: Angel Rivera
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS:1215 Truxtun Avenue
MAILING ADDRESS
CITY AND zip CODE:Bakersfield, 93301
BRANCH NAME: Metro Division | ustice Building
PLAINTIFF/PETITIONER:
ANGEL RIVERA CASE NUMBER
DEFENDANT/RESPONDENT:)
EFF PERIERA ENERGY, INC., etal. BCV-23-103172-TMS
Ref, No. or File No,
PROOF OF SERVICE OF SUMMONS
(Separate proof of service is required for each party served.)
At the time of service | was at least 18 years of age and nota party to this action.
| served copies of:
a [25] summons
b. [22] complaint
c [J Alternative Dispute Resolution (ADR) package
d [2€] Civil Case Cover Sheet (served in complex cases only)
[5 cross-complaint
[2€] other (specify documents): Notice of Assignment of J udge and Case Management Conference
Party served (specify name of party as shown on documents served):
JEFF PERIERA HOME ENERGY, INC., a California corporation
[4] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):
Counsel for Defendant - Gabriel Godinez
Address where the party was served:
Counsel's email address: ggodinez@ godinezlaw.net
| served the party (check proper box)
a. [__] by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party (1) on (date): (2) at (time):
b. [__] by substituted service. On (date): at (time): | left the documents listed in item 2 with or
in the presence of (name and title or relationship to person indicated in item 3):
(1) _] (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. | informed him or her of the general nature of the papers.
(2) [_] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. | informed him or her of the general nature of the papers.
(3) [_] (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. | informed
him or her of the general nature of the papers.
(4) [_]| thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on
(date): from (city): or[__] a declaration of mailing is attached
(5) [_] | attach a declaration of diligence stating actions taken first to attempt personal service
Page 1of 2
Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10
Judicial Council of California
POS-010 [Rev. J anuary 1, 2007)
POS-010
PLAINTIFF/PETITIONER: ANGEL RIVERA CASE NUMBER
DEFENDANT/RESPONDENT: JEFF PERIERA ENERGY, INC., et al. BCV-23-103172-TMS
5. ¢. [__] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) on (date): (2) from (city):
(3) [__] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
(4) [_]to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
d. [] by other means (specify means of service and authorizing code section):
On 2/9/2024 pursuantto CCP Sec. 1010.6(e) Plaintiff e-served Defendant identified in 3a via Acknowledgment of
Receipt by and through its attorney- Gabriel Godinez
[_) Additional page describing service is attached.
The "Notice to the Person Served" (on the summons) was completed as follows:
a [-) as an individual defendant.
b. [-) as the person sued under the fictitious name of (specify):
c [J as occupant.
d [242] On behalf of (specify):
under the following Code of Civil Procedure section:
[=] 416.10 (corporation) [-] 415.95 (business organization, form unknown)
[-) 416.20 (defunct corporation) [J 416.60 (minor)
[J 416.30 (joint stock company/association) [] 416.70 (ward or conservatee)
[J 416.40 (association or partnership) [J 416.90 (authorized person)
[J 416.50 (public entity) [J 415.46 (occupant)
[J other:
Person who served papers
a Name: Maxwell Kim
b. Address: 1460 Westwood Boulevard, Los Angeles, CA 90024
c Telephone number: 310-438-5555
d The fee for service was: $ 0.00
lam:
(1) [3] nota registered California process server.
(2) [__] exempt from registration under Business and Professions Code section 22350(b).
(3) [__] a registered California process server:
(i) [ ] owner [ ] employee [ ] independent contractor.
(ii) Registration No.:
(ii) County:
8. [x ] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
or
9. [__] lam a California sheriffor marshal and | certify that the foregoing is true and correct.
Date: May 9, 2024
Maxwell Kim
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
> /s/ Maxwell Kim
(SIGNATURE)
POS-010 (Rev. J anuary1, 2007} PROOF OF SERVICE OF SUMMONS Page
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POS-015
[ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO: FOR COURT USE ONLY
INAME: Jared walder (SBN 349815)
FIRMNAME: BIBIYAN LAW GROUP
STREET ADDRESS: 8484 Wilshire Blvd., Suite 500
city: Beverly Hills STATE: CA zip cope: 90211
TELEPHONE NO.: (310) 428-5555 Faxno.: (310) 300-1705
E-MAILADDRESS: jared@tomorrowlaw.com
ATTORNEY FOR (Name): Plaintiff, Angel Rivera
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS: 1215 Truxtun Avenue
ciTy AND ziP cobe: Bakersfiel, CA 93301
BRANCH NAME: Metro Division Justice Building
Plaintiff/Petitioner: ANGEL RIVERA
Defendant/Respondent: JEFF PERIERA ENERGY, INC., et al.
‘CASE NUMBER:
NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL BCV-23-103172-TMS
TO (insert name of party being served): JEFF PERIERA HOME ENERGY, INC., a California corporation
NOTICE
The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil
Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you
(or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons
‘on you in any other manner permitted by law.
If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this
form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such
entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of
summons. If you return this form to the sender, service of a summons is deemed complete on the day you sign the
acknowledgment of receipt below.
Date of mailing: February 92024
Jared walder
> 4/Jared Walder
(TYPE OR PRINT NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE)
ACKNOWLEDGMENT OF RECEIPT
This acknowledges receipt of (to be completed by sender before mailing):
1. [7] A copy of the summons and of the complaint.
2. [2] Other (specify):
(1) Civil Case Cover Sheet; and (2) Notice of Assignment of Judge and Case Management Conference
(To be completed by recipient):
Date this form is signed: S/ 2Ley
t
(TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, (SIGNATURE OF P' FACKNOWLEDGING RECEII f WITH TITLEIF
ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS IE ON BEHALF OF ANOTI }ON ORLENTITY)
Page
1 of 1
Form Adopted for Mandalary Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure,
Judicial Council of California §§ 415.30, 417.10
POS-015 [Rev. January 1, 2005] www.courtinfo.ca.gov
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SUM-100
SUMMONS FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
(CITACION JUDICIAL)
ELECTRONICALLY FILED
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO): Kern CBTE GB erior Court
JEFF PERIERA HOME ENERGY, INC., a California corporation; EXPRESS By Vanesa Jackson, Deputy
SERVICES, INC., a Colorado Corporation; and DOES 1 through 100,
inclusive
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTA DEMANDANDO EL DEMANDANTE):
ANGEL RIVERA, as an aggrieved employee, and on behaif of all other
aggrieved employees under the Labor Code Private Attorneys’ General Act
of 2004
OTICE! You have been sued, The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask
the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property
may be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
JAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a
continuacion.
Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en Ia corte que le quede més cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte
que le dé un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le
podré quitar su sueldo, dinero y bienes sin mas advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o ef
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperacién de $10,000 6 més de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que /a corte pueda desechar el caso.
The name and address of the court is: CASE NUMBER:
(Nimero del Caso):
(El nombre y direcci6n de la corte es): COUNTY OF KERN
BCV-23-103172
1215 Truxtun Ave., Bakersfield, CA 93301
Metro Justice Building
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is:
(El nombre, la direccion y el numero de teléfono del abogado de! demandante, o del demandante que no tiene abogado, es):
David D. Bibiyan, Bibiyan Law Group, 8484 Wilshire BI., Suite 500, Beverly Hills, CA 90211; 310-428-5555
v7 s \ ‘
Clerk, by . , Deputy
DATE:
(Fecha)
9/27/2023 TAMARAH HARBER-PICKENS
(Secretario) a (Adjunto)
stipe aa
(For proof of service of this summons, use Proof of Service of Summons (form OS-079).
(Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)).
NOTICE TO THE PERSON SERVED: You are served
[SEA] 1. (_] as an individual defendant.
/s/ Henry G. Glitz
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cover sheet in addition to any cover sheet required by local court rule.
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
. Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
Form Adopted for MandatoryoniUse Cal. Rulesoo of Court,Inednrulesa 2.30, 3.220, 3.400-3.40 13,fea 3.740;
3 a8
(ealaial teil af nt CIVIL CASE COVER SHEET
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parti in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex. CASE TYPES AND EXAMPLES
Auto Tort
Contract Provisionally Complex I Litigation (Cal.
Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400—3.403)
Breach of Rental/Lease Antitrust/Trade Regulation (03)
Damage/Wrongful Death
Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10)
case involves an uninsured
or wrongful eviction) Claims Involving Mass Tort (40)
motorist claim subject to
Contract/Warranty Breach—Seller Securities Litigation (28)
arbitration, check this item
Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30)
instead of Auto) Negligent Breach of Contract’ Insurance Coverage Claims
Other PI/PDIWD (Personal Injury/ ‘Warranty (arising from provisionally complex
Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41)
Tort
Collections (e.g., money owed, open Enforcement of Judgment
Asbestos (04) book accounts) (09) Enforcement of Judgment (20)
Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of
Asbestos Personal Injury/ Other Promissory Note/Collections County)
Wrongful Death Case Confession of Judgment (non-
Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations)
toxic/environmental) (24)
complex) (18) Sister State Judgment
Medical Malpractice (45) Auto Subrogation Administrative Agency Award
Medical Malpractice—
Other Coverage (not unpaid taxes)
Other Contract (37) Petition/Certification of Entry of
Physicians & Surgeons
Other Profes nal Health Care Contractual Fraud Judgment on Unpaid Taxes
Malpractice
Other Contract Dispute Other Enforcement of Judgment
Other PYPDIWD (23) Real Property Case
Eminent Domain/Inverse Miscellaneous Civil Complaint
Premises Liability (e.g., slip
and fall) Condemnation (14) RICO (27)
Intentional Bodily injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified
(e.g., assault, vandalism)
Other Real Property (e.g., quiet title) (26) above) (42)
Intentional Infliction of
Writ of Possession of Real Property Declaratory Relief Only
Emotional Distress
Mortgage Foreclosure Injunctive Relief Only (non-
Quiet Title
Negligent Infliction of Other Real Property (not eminent
harassment)
Emotional Distress Mechanics Lien
Other PI/PD/WD.
domain, landlord/tenant, or Other Commercial Complaint
Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex)
Unlawful Detainer Other Civil Complaint
Business Tort/Unfair Business
Practice (07) Commercial (31) (non-tort/non-complex)
Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition
false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate
harassment) (08) drugs, check this item; otherwise, Governance (21)
Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified
1
Judicial Review above) (43)
Fraud (16) Asset Forfeiture (05) Civil Harassment
Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence
Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult
Writ-Administrative Mandamus
Legal Malpractice Writ-Mandamus on Limited Court
Abuse
Other Professional Malpractice Election Contest
(not medical or legal) Case Matter Petition for Name Change
Writ-Other Limited Court Case
Other Non-P/PD/WD Tort (35) Review
Petition for Relief From Late
Employment Other Judicial Review (39)
Claim
‘Wrongful Termination (36) Review of Health Officer Order
Other Civil Petition
Other Employment (15) Notice of Appeal-Labor
Commissioner Appeals
M.010 [Rev. September 1, 2021] Page 2 of 2
CIVIL CASE COVER SHEET
For your protection and privacy, please press the Clear es
FOR COURT USE ONLY
Santo
ff:
SUPERIOR COURT OF CALIFORNIA.
FILED
COUNTY OF KERN SUPERIOR COURT OF CALIFORNIA
BAKERSFIELD COURT CounrTY OF KERN
1215 TRUXTUN AVENUE SEPTEMBER 25, 2023
Se
BAKERSFIELD CA 93301 By Julia Barrera, DEPUTY
PLAINTIFF/PETITIONER:
ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE
ANGEL RIVERA, ON BEHALF OF ALL OTHER AGGRIEVED
EMPLOYEES UNDER THE LABOR CODE PRIVATE
ATTORNEYS' GENERAL ACT OF 2004
DEFENDANT/RESPONDENT:
JEFF PERIERA HOME ENERGY, INC., A CALIFORNIA
CORPORATION
EXPRESS SERVICES, INC.; A COLORADO CORPORATION
NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND CASE NUMBER
NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-23-103172
NOTICE OF CASE MANAGEMENT CONFERENCE
By order of the presiding judge, the above entitled case is assigned to the Honorable T. Mark Smith for all purposes. It will
be managed on the direct calendar program in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St. until its
conclusion. Peremptory challenges, if any, must be made within the times set out in CCP §170.6. Please include the initials
TMS after the case number on all future pleadings filed in this case. All documents to be filed at 1215 Truxtun Avenue
Bakersfield, CA 93301.
TO PLAINTIFF AND PLAINTIFF'S COUNSEL:
You are ordered to appear on January 08, 2024 in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St.
Bakersfield, CA 93308 at 8:30 AM to give any legal reason why sanctions shall not be imposed for failure to serve the
complaint on all named defendants and file proof(s) of service with the court within sixty (60) days after the filing of the
complaint pursuant to California Rules of Court, Rule 3.110. All appearances are mandatory, unless the court receives the
required proof(s) of service five (5) court days prior to the hearing date, and then no appearance is necessary.
TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY (S) OF RECORD:
This case is set for Case Management Conference, by the Honorable T. Mark Smith on March 25, 2024
at 8:30 AM in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St. Bakersfield, CA 93308. Case
management statements are to be filed at least fifteen (15) days prior to the conference in accordance with California Rules
of Court, Rules 3.720 — 3.730. All parties shall comply with California Rules of Court. Rules 3.720 — 3.730.
NOTICE TO PLAINTIFF’S COUNSEL
IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and
Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)], Alternative
Dispute Resolution (ADR) Information Packet, and ADR Stipulation and Order Form (California Rules of Court,
Rule 3.221).
NOTICE TO CROSS COMPLAINANT’S COUNSEL
IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this
Notice of Assignment pursuant to California Rules of Court, Rule 3.110 and Notice of Order to Show Cause date
and Notice of Case Management Conference date on the new cross defendants.
TAMARAH HARBER-PICKENS
CLERK OF THE SUPERIOR COURT
Date: September 25, 2023 Signed: 9/25/2023 10:36:51AM
By: >
oy
Notice of Assignment/Notice of Order to Show Cause Re CR ference
Page 1 of 5
Julia Barrera, Deputy Clerk
.
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 2 of 5
ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A
CALIFORNIA CORPORATION ET AL
BCV-23-103172
The Clerk of the Superior Court’s office has received a civil complaint from you for filing. Pursuant to the Trial Court
Delay Reduction Act, your case has been assigned to the Honorable T. Mark Smith as monitoring judge.
Judge T. Mark Smith has instituted a direct calendaring system for all cases assigned to him/her as the monitoring judge.
All law and motion, case management and trial setting conferences, ex parte matters and trials will be scheduled before
him/her in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St.. This will involve all cases in which the clerk has
assigned the initials TMS to the complaint at the time of filing. Counsel is expected to make the initials of the monitoring
judge a part of the case number on all pleadings and papers.
Law & Motion and Ex-Parte hearing dates must be pre-cleared by contacting the Direct Calendaring Clerk at 661-610-
6460. Tentative rulings can be located by visiting “http://www.kern.courts.ca.gov/”, after 4:00 pm. Click on the Non-
Criminal Case Information link to enter the case number. Please note, not all departments provide tentative rulings.
At the time of filing the complaint, plaintiff's counsel will be given a Notice of Case Management Conference which sets a
conference approximately one hundred eighty (180) days after filing of the complaint. This notice must be served with the
summons and complaint on all defendants. Defendants must serve the notice on all cross-defendants named. The notice must
also be served on interveners and lien claimants.
Telephonic appearances for case management conferences and law and motion hearings are available through Court Call.
The toll free telephone number for Court Call is (888) 88-COURT. Proper procedures must be complied with under
California Rules of Court, Rule 3.670. Arrangements to make appearances through Court Call must be made at least five (5)
court days prior to the hearing date.
Another judge will hear settlement conferences in cases assigned to Judge T. Mark Smith. However, those cases that do not
settle will be set for trial before him/her.
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 3 of 5
ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A
CALIFORNIA CORPORATION ET AL
BCV-23-103172
SUPERIOR COURT OF CALIFORNIA
COUNTY OF KERN
SPECIAL RULES RELATING TO CASE MANAGEMENT CONFERENCES
At least fifteen (15) days prior to the case management conference, each party shall prepare, file and serve on each other party
a case management conference statement providing the Court with the following information:
The “at-issue” status of the case including any new parties that may be contemplated;
A brief statement of the type of case and the general facts or contentions;
A description of the discovery done to date and that contemplated to be done;
Estimated time for trial and whether a jury is demanded;
Whether or not the case is entitled to priority in trial setting and if so, the legal authority thereof;
An evaluation of the case for alternative dispute resolution, including arbitration (judicial or binding), mediation or
private judge handling;
If a person injury action, a description of the injuries sustained by each plaintiff and the elements of claimed damage,
A statement of any settlement negotiations undertaken thus far;
The name of the attorney primary responsible for the case on behalf of the party filing the statement.
More than one party may join in the filing of a single statement.
The case management conference shall be attended by the attorney primarily responsible for the case on behalf of each party
or a member of his or her firm or counsel formally associated in the case. The attorney attending shall be thoroughly
familiar with the case, and be able to engage in meaningful discussions with court and counsel, and to enter into agreements
on behalf of his or her client on the following subjects:
1 The “at-issue” status of the case including the dismissal of the unnamed doe defendants or cross-defendants by
agreement of all parties;
Discovery conducted and remaining to be done;
Amenability of the case to alternative dispute resolution including, but no limited to, arbitration (judicial or binding),
mediation, and private judge handling.
Delineation of issues including stipulation of facts not in substantial controversy;
Settlement prospects;
Setting the matter for trial, pre-trial conferences, settlement conference or further case management conference;
Any other matters relevant to the processing of the case to a final resolution.
Any violation of these rules shall result in the imposition of substantial sanctions which may include monetary, issue,
termination, or other appropriate sanctions.
Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference
Page 4 of 5
ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A
CALIFORNIA CORPORATION ET AL
BCV-23-103172
CERTIFICATE OF POSTING
The undersigned, of said Kern County, certify: That | am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Notice of Assignment/Notice of Order to Show
Cause Re CRC 3.110/Notice of Case Management Conference attached hereto on all interested parties and any
respective counsel of record in the within action by posting true copies thereof, to the Superior Court of California,
County of Kern, Non-Criminal Case Information Portal (https://www.kern.courts.ca.gov).
Date of Posting: September 25, 2023
Place of Posting: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
TAMARAH HARBER-PICKENS
CLERK OF THE SUPERIOR COURT
Date: September 25, 2023 Signed: 9/25/2023 10:36:51 AM
By:
Julia Barrera’ Deputy Clerk
Certificate of Posting - Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Cas¢ Management Conference
Page 5 of 5
ELECTRONICALLY FILED
9/25/2023 8:00 AM
Kern County Superior Court
By Julia Barrera, Deputy
BIBIYAN LAW GROUP, P.C.
David D. Bibiyan (Cal. Bar No. 287811)
david@tomorrowlaw.com
Jeffrey Klein (Cal. Bar No. 297296)
jeff@tomorrowlaw.com
Henry Glitz (Cal. Bar No. 349815)
henry@tomorrowlaw.com
8484 Wilshire Boulevard, Suite 500
Beverly Hills, California 90211
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
Attomeys for Plaintiff, ANGEL RIVERA,
as an aggrieved employee, and on behalf of all other
aggrieved employees
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
il
ANGEL RIVERA, as an aggrieved employee, CASE NO.:BCV-23-103172
12
and on behalf of all other aggrieved employees
under the Labor Code Private Attorneys’ REPRESENTATIVE ACTION
13
General Act of 2004,
14 COMPLAINT UNDER THE LABOR
Plaintiff, CODE PRIVATE ATTORNEYS’
GENERAL ACT OF 2004 FOR CIVIL
15 PENALTIES UNDER LABOR CODE
Vv.
SECTIONS 210, 226.3, 558, 1174.5, 1197.1
16
JEFF PERIERA HOME ENERGY, INC, a and 2699
17 California corporation; EXPRESS
SERVICES, INC.; a Colorado Corporation; DEMAND FOR JURY TRIAL
18 and DOES 1 through 100, inclusive,
Amount in Controversy Greater Than
19 Defendants. $25,000.00]
20
21
22
23
24
25
26
27
28
PAGA COMPLAINT
COMES NOW plaintiff ANGEL RIVERA (“Plaintiff”), as aggrieved employees, and on
behalf of all other aggrieved employees under the Labor Code Private Attorneys’ General Act of
2004, and alleges as follows:
JURISDICTION AND VENUE
1 This is a representative action, pursuant to the Labor Code Private Attorneys General
Act of 2004, codified at Labor Code section 2698, et seq. (“PAGA”), against JEFF PERIERA
HOME ENERGY, INC., a California corporation, and any of its respective subsidiaries or affiliated
companies within the State of California (HOME ENERGY”), and EXPRESS SERVICES, INC.,
a Colorado Corporation, and any of its respective subsidiaries or affiliated companies within the
10 State of California (“EXPRESS”) (“HOME ENERY” “EXPRESS” and DOES 1 through 100, as
ll further defined below, “Defendants”), as a proxy of the Labor and Workforce Development Agency
12 of the State of California (‘LWDA”), on behalf of Plaintiff and all other current and former non-
13 exempt employees of Defendants working within the Civil Penalty Period, as further defined herein,
14 and, as it pertains to the alleged claims for failure to comply with Labor Code section 2810.5, Labor
15 Code section 203, Labor Code section 226, Labor Code section 227.3, Labor Code section 24, et
16 seq., Labor Code section 2802, restraints on competition, whistleblowing and freedom of speech on
17 behalf of all employees of Defendants working within the Civil Penalty Period (collectively,
18 “Aggrieved Employees”).
19 2 Jurisdiction exists in the Superior Court of the State of California pursuant to Code
20 of Civil Procedure section 410.10.
21 3 Venue is proper in Kern County, California pursuant to Code of Civil Procedure
22 sections 392, et seq. because, among other things, Kern County is where the causes of action
23 complained of herein arose; the county in which the employment relationship began; the county in
24 which performan
Preview
POS-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jared Walder (SBN 310687) BIBIYAN LAW GROUP, P.C. 1460 Westwood Boulevard, Los Angeles, CA 90024 TELEPHONENO.: 310-438-5555 FAX NO. (Optional: 310-300-1705 E-MAIL ADDRESS (Optional): jared@ tomorrowlaw.com ATTORNEY FOR (Name): P laintiff: Angel Rivera SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS:1215 Truxtun Avenue MAILING ADDRESS CITY AND zip CODE:Bakersfield, 93301 BRANCH NAME: Metro Division | ustice Building PLAINTIFF/PETITIONER: ANGEL RIVERA CASE NUMBER DEFENDANT/RESPONDENT:) EFF PERIERA ENERGY, INC., etal. BCV-23-103172-TMS Ref, No. or File No, PROOF OF SERVICE OF SUMMONS (Separate proof of service is required for each party served.) At the time of service | was at least 18 years of age and nota party to this action. | served copies of: a [25] summons b. [22] complaint c [J Alternative Dispute Resolution (ADR) package d [2€] Civil Case Cover Sheet (served in complex cases only) [5 cross-complaint [2€] other (specify documents): Notice of Assignment of J udge and Case Management Conference Party served (specify name of party as shown on documents served): JEFF PERIERA HOME ENERGY, INC., a California corporation [4] Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a): Counsel for Defendant - Gabriel Godinez Address where the party was served: Counsel's email address: ggodinez@ godinezlaw.net | served the party (check proper box) a. [__] by personal service. | personally delivered the documents listed in item 2 to the party or person authorized to receive service of process for the party (1) on (date): (2) at (time): b. [__] by substituted service. On (date): at (time): | left the documents listed in item 2 with or in the presence of (name and title or relationship to person indicated in item 3): (1) _] (business) a person at least 18 years of age apparently in charge at the office or usual place of business of the person to be served. | informed him or her of the general nature of the papers. (2) [_] (home) a competent member of the household (at least 18 years of age) at the dwelling house or usual place of abode of the party. | informed him or her of the general nature of the papers. (3) [_] (physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing address of the person to be served, other than a United States Postal Service post office box. | informed him or her of the general nature of the papers. (4) [_]| thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served at the place where the copies were left (Code Civ. Proc., § 415.20). | mailed the documents on (date): from (city): or[__] a declaration of mailing is attached (5) [_] | attach a declaration of diligence stating actions taken first to attempt personal service Page 1of 2 Form Adopted for Mandatory Use PROOF OF SERVICE OF SUMMONS Code of Civil Procedure, § 417.10 Judicial Council of California POS-010 [Rev. J anuary 1, 2007) POS-010 PLAINTIFF/PETITIONER: ANGEL RIVERA CASE NUMBER DEFENDANT/RESPONDENT: JEFF PERIERA ENERGY, INC., et al. BCV-23-103172-TMS 5. ¢. [__] by mail and acknowledgment of receipt of service. | mailed the documents listed in item 2 to the party, to the address shown in item 4, by first-class mail, postage prepaid, (1) on (date): (2) from (city): (3) [__] with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.) (4) [_]to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.) d. [] by other means (specify means of service and authorizing code section): On 2/9/2024 pursuantto CCP Sec. 1010.6(e) Plaintiff e-served Defendant identified in 3a via Acknowledgment of Receipt by and through its attorney- Gabriel Godinez [_) Additional page describing service is attached. The "Notice to the Person Served" (on the summons) was completed as follows: a [-) as an individual defendant. b. [-) as the person sued under the fictitious name of (specify): c [J as occupant. d [242] On behalf of (specify): under the following Code of Civil Procedure section: [=] 416.10 (corporation) [-] 415.95 (business organization, form unknown) [-) 416.20 (defunct corporation) [J 416.60 (minor) [J 416.30 (joint stock company/association) [] 416.70 (ward or conservatee) [J 416.40 (association or partnership) [J 416.90 (authorized person) [J 416.50 (public entity) [J 415.46 (occupant) [J other: Person who served papers a Name: Maxwell Kim b. Address: 1460 Westwood Boulevard, Los Angeles, CA 90024 c Telephone number: 310-438-5555 d The fee for service was: $ 0.00 lam: (1) [3] nota registered California process server. (2) [__] exempt from registration under Business and Professions Code section 22350(b). (3) [__] a registered California process server: (i) [ ] owner [ ] employee [ ] independent contractor. (ii) Registration No.: (ii) County: 8. [x ] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. or 9. [__] lam a California sheriffor marshal and | certify that the foregoing is true and correct. Date: May 9, 2024 Maxwell Kim (NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL) > /s/ Maxwell Kim (SIGNATURE) POS-010 (Rev. J anuary1, 2007} PROOF OF SERVICE OF SUMMONS Page 2 of 2 For your protection and privacy, please press the Clear This Form button after you have printed the form. [Print this form | | Save this form | [cers POS-015 [ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO: FOR COURT USE ONLY INAME: Jared walder (SBN 349815) FIRMNAME: BIBIYAN LAW GROUP STREET ADDRESS: 8484 Wilshire Blvd., Suite 500 city: Beverly Hills STATE: CA zip cope: 90211 TELEPHONE NO.: (310) 428-5555 Faxno.: (310) 300-1705 E-MAILADDRESS: jared@tomorrowlaw.com ATTORNEY FOR (Name): Plaintiff, Angel Rivera SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: 1215 Truxtun Avenue ciTy AND ziP cobe: Bakersfiel, CA 93301 BRANCH NAME: Metro Division Justice Building Plaintiff/Petitioner: ANGEL RIVERA Defendant/Respondent: JEFF PERIERA ENERGY, INC., et al. ‘CASE NUMBER: NOTICE AND ACKNOWLEDGMENT OF RECEIPT—CIVIL BCV-23-103172-TMS TO (insert name of party being served): JEFF PERIERA HOME ENERGY, INC., a California corporation NOTICE The summons and other documents identified below are being served pursuant to section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it within 20 days from the date of mailing shown below may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons ‘on you in any other manner permitted by law. If you are being served on behalf of a corporation, an unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. If you return this form to the sender, service of a summons is deemed complete on the day you sign the acknowledgment of receipt below. Date of mailing: February 92024 Jared walder > 4/Jared Walder (TYPE OR PRINT NAME) (SIGNATURE OF SENDER—MUST NOT BE A PARTY IN THIS CASE) ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of (to be completed by sender before mailing): 1. [7] A copy of the summons and of the complaint. 2. [2] Other (specify): (1) Civil Case Cover Sheet; and (2) Notice of Assignment of Judge and Case Management Conference (To be completed by recipient): Date this form is signed: S/ 2Ley t (TYPE OR PRINT YOUR NAME AND NAME OF ENTITY, IF ANY, (SIGNATURE OF P' FACKNOWLEDGING RECEII f WITH TITLEIF ON WHOSE BEHALF THIS FORM IS SIGNED) ACKNOWLEDGMENT IS IE ON BEHALF OF ANOTI }ON ORLENTITY) Page 1 of 1 Form Adopted for Mandalary Use NOTICE AND ACKNOWLEDGMENT OF RECEIPT — CIVIL Code of Civil Procedure, Judicial Council of California §§ 415.30, 417.10 POS-015 [Rev. January 1, 2005] www.courtinfo.ca.gov For your protection ang privacy, please press the CI This Form button after you have printed the form. [Print this form | [Save this form | Clear this form] SUM-100 SUMMONS FOR COURT USE ONLY (SOLO PARA USO DE LA CORTE) (CITACION JUDICIAL) ELECTRONICALLY FILED NOTICE TO DEFENDANT: (AVISO AL DEMANDADO): Kern CBTE GB erior Court JEFF PERIERA HOME ENERGY, INC., a California corporation; EXPRESS By Vanesa Jackson, Deputy SERVICES, INC., a Colorado Corporation; and DOES 1 through 100, inclusive YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): ANGEL RIVERA, as an aggrieved employee, and on behaif of all other aggrieved employees under the Labor Code Private Attorneys’ General Act of 2004 OTICE! You have been sued, The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. JAVISO! Lo han demandado. Sino responde dentro de 30 dias, la corte puede decidir en su contra sin escuchar su versi6n. Lea la informaci6n a continuacion. Tiene 30 DIAS DE CALENDARIO después de que le entreguen esta citacién y papeles legales para presentar una respuesta por escrito en esta corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefonica no lo protegen. Su respuesta por escrito tiene que estar en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta. Puede encontrar estos formularios de la corte y mas informacion en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la biblioteca de leyes de su condado o en Ia corte que le quede més cerca. Si no puede pagar la cuota de presentacién, pida al secretario de la corte que le dé un formulario de exenci6n de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podré quitar su sueldo, dinero y bienes sin mas advertencia. Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services, (www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o ef colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre cualquier recuperacién de $10,000 6 més de valor recibida mediante un acuerdo o una concesién de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de que /a corte pueda desechar el caso. The name and address of the court is: CASE NUMBER: (Nimero del Caso): (El nombre y direcci6n de la corte es): COUNTY OF KERN BCV-23-103172 1215 Truxtun Ave., Bakersfield, CA 93301 Metro Justice Building The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direccion y el numero de teléfono del abogado de! demandante, o del demandante que no tiene abogado, es): David D. Bibiyan, Bibiyan Law Group, 8484 Wilshire BI., Suite 500, Beverly Hills, CA 90211; 310-428-5555 v7 s \ ‘ Clerk, by . , Deputy DATE: (Fecha) 9/27/2023 TAMARAH HARBER-PICKENS (Secretario) a (Adjunto) stipe aa (For proof of service of this summons, use Proof of Service of Summons (form OS-079). (Para prueba de entrega de esta citation use el formulario Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served [SEA] 1. (_] as an individual defendant. /s/ Henry G. Glitz (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY FOR PARTY) NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. File this cover sheet in addition to any cover sheet required by local court rule. If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. . Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. Page 1 of 2 Form Adopted for MandatoryoniUse Cal. Rulesoo of Court,Inednrulesa 2.30, 3.220, 3.400-3.40 13,fea 3.740; 3 a8 (ealaial teil af nt CIVIL CASE COVER SHEET INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parti in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case is complex. CASE TYPES AND EXAMPLES Auto Tort Contract Provisionally Complex I Litigation (Cal. Auto (22)-Personal Injury/Property Breach of Contract/Warranty (06) Rules of Court Rules 3.400—3.403) Breach of Rental/Lease Antitrust/Trade Regulation (03) Damage/Wrongful Death Uninsured Motorist (46) (if the Contract (not unlawful detainer Construction Defect (10) case involves an uninsured or wrongful eviction) Claims Involving Mass Tort (40) motorist claim subject to Contract/Warranty Breach—Seller Securities Litigation (28) arbitration, check this item Plaintiff (not fraud or negligence) Environmental/Toxic Tort (30) instead of Auto) Negligent Breach of Contract’ Insurance Coverage Claims Other PI/PDIWD (Personal Injury/ ‘Warranty (arising from provisionally complex Property Damage/Wrongful Death) Other Breach of Contract/Warranty case type listed above) (41) Tort Collections (e.g., money owed, open Enforcement of Judgment Asbestos (04) book accounts) (09) Enforcement of Judgment (20) Asbestos Property Damage Collection Case-Seller Plaintiff Abstract of Judgment (Out of Asbestos Personal Injury/ Other Promissory Note/Collections County) Wrongful Death Case Confession of Judgment (non- Product Liability (not asbestos or Insurance Coverage (not provisionally domestic relations) toxic/environmental) (24) complex) (18) Sister State Judgment Medical Malpractice (45) Auto Subrogation Administrative Agency Award Medical Malpractice— Other Coverage (not unpaid taxes) Other Contract (37) Petition/Certification of Entry of Physicians & Surgeons Other Profes nal Health Care Contractual Fraud Judgment on Unpaid Taxes Malpractice Other Contract Dispute Other Enforcement of Judgment Other PYPDIWD (23) Real Property Case Eminent Domain/Inverse Miscellaneous Civil Complaint Premises Liability (e.g., slip and fall) Condemnation (14) RICO (27) Intentional Bodily injury/PD/WD Wrongful Eviction (33) Other Complaint (not specified (e.g., assault, vandalism) Other Real Property (e.g., quiet title) (26) above) (42) Intentional Infliction of Writ of Possession of Real Property Declaratory Relief Only Emotional Distress Mortgage Foreclosure Injunctive Relief Only (non- Quiet Title Negligent Infliction of Other Real Property (not eminent harassment) Emotional Distress Mechanics Lien Other PI/PD/WD. domain, landlord/tenant, or Other Commercial Complaint Non-PI/PD/WD (Other) Tort foreclosure) Case (non-tort/non-complex) Unlawful Detainer Other Civil Complaint Business Tort/Unfair Business Practice (07) Commercial (31) (non-tort/non-complex) Civil Rights (e.g., discrimination, Residential (32) Miscellaneous Civil Petition false arrest) (not civil Drugs (38) (if the case involves illegal Partnership and Corporate harassment) (08) drugs, check this item; otherwise, Governance (21) Defamation (e.g., slander, libel) report as Commercial or Residential) Other Petition (not specified 1 Judicial Review above) (43) Fraud (16) Asset Forfeiture (05) Civil Harassment Intellectual Property (19) Petition Re: Arbitration Award (11) Workplace Violence Professional Negligence (25) Writ of Mandate (02) Elder/Dependent Adult Writ-Administrative Mandamus Legal Malpractice Writ-Mandamus on Limited Court Abuse Other Professional Malpractice Election Contest (not medical or legal) Case Matter Petition for Name Change Writ-Other Limited Court Case Other Non-P/PD/WD Tort (35) Review Petition for Relief From Late Employment Other Judicial Review (39) Claim ‘Wrongful Termination (36) Review of Health Officer Order Other Civil Petition Other Employment (15) Notice of Appeal-Labor Commissioner Appeals M.010 [Rev. September 1, 2021] Page 2 of 2 CIVIL CASE COVER SHEET For your protection and privacy, please press the Clear es FOR COURT USE ONLY Santo ff: SUPERIOR COURT OF CALIFORNIA. FILED COUNTY OF KERN SUPERIOR COURT OF CALIFORNIA BAKERSFIELD COURT CounrTY OF KERN 1215 TRUXTUN AVENUE SEPTEMBER 25, 2023 Se BAKERSFIELD CA 93301 By Julia Barrera, DEPUTY PLAINTIFF/PETITIONER: ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ANGEL RIVERA, ON BEHALF OF ALL OTHER AGGRIEVED EMPLOYEES UNDER THE LABOR CODE PRIVATE ATTORNEYS' GENERAL ACT OF 2004 DEFENDANT/RESPONDENT: JEFF PERIERA HOME ENERGY, INC., A CALIFORNIA CORPORATION EXPRESS SERVICES, INC.; A COLORADO CORPORATION NOTICE OF ASSIGNMENT TO JUDGE FOR ALL PURPOSES AND CASE NUMBER NOTICE OF ORDER TO SHOW CAUSE RE CRC RULE 3.110 AND BCV-23-103172 NOTICE OF CASE MANAGEMENT CONFERENCE By order of the presiding judge, the above entitled case is assigned to the Honorable T. Mark Smith for all purposes. It will be managed on the direct calendar program in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St. until its conclusion. Peremptory challenges, if any, must be made within the times set out in CCP §170.6. Please include the initials TMS after the case number on all future pleadings filed in this case. All documents to be filed at 1215 Truxtun Avenue Bakersfield, CA 93301. TO PLAINTIFF AND PLAINTIFF'S COUNSEL: You are ordered to appear on January 08, 2024 in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St. Bakersfield, CA 93308 at 8:30 AM to give any legal reason why sanctions shall not be imposed for failure to serve the complaint on all named defendants and file proof(s) of service with the court within sixty (60) days after the filing of the complaint pursuant to California Rules of Court, Rule 3.110. All appearances are mandatory, unless the court receives the required proof(s) of service five (5) court days prior to the hearing date, and then no appearance is necessary. TO EACH PARTY AND THEIR RESPECTIVE ATTORNEY (S) OF RECORD: This case is set for Case Management Conference, by the Honorable T. Mark Smith on March 25, 2024 at 8:30 AM in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St. Bakersfield, CA 93308. Case management statements are to be filed at least fifteen (15) days prior to the conference in accordance with California Rules of Court, Rules 3.720 — 3.730. All parties shall comply with California Rules of Court. Rules 3.720 — 3.730. NOTICE TO PLAINTIFF’S COUNSEL IMPORTANT: You are required to serve this Notice of Assignment and Notice of Order to Show Cause Date and Notice of Case Management Conference Date with the Summons, Complaint [Local Rule 3.7(a)], Alternative Dispute Resolution (ADR) Information Packet, and ADR Stipulation and Order Form (California Rules of Court, Rule 3.221). NOTICE TO CROSS COMPLAINANT’S COUNSEL IMPORTANT: If you are bringing a cross complaint against new parties, you are, likewise, required to serve this Notice of Assignment pursuant to California Rules of Court, Rule 3.110 and Notice of Order to Show Cause date and Notice of Case Management Conference date on the new cross defendants. TAMARAH HARBER-PICKENS CLERK OF THE SUPERIOR COURT Date: September 25, 2023 Signed: 9/25/2023 10:36:51AM By: > oy Notice of Assignment/Notice of Order to Show Cause Re CR ference Page 1 of 5 Julia Barrera, Deputy Clerk . Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 2 of 5 ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A CALIFORNIA CORPORATION ET AL BCV-23-103172 The Clerk of the Superior Court’s office has received a civil complaint from you for filing. Pursuant to the Trial Court Delay Reduction Act, your case has been assigned to the Honorable T. Mark Smith as monitoring judge. Judge T. Mark Smith has instituted a direct calendaring system for all cases assigned to him/her as the monitoring judge. All law and motion, case management and trial setting conferences, ex parte matters and trials will be scheduled before him/her in Bakersfield Traffic Courtroom T-2 located at 3131 Arrow St.. This will involve all cases in which the clerk has assigned the initials TMS to the complaint at the time of filing. Counsel is expected to make the initials of the monitoring judge a part of the case number on all pleadings and papers. Law & Motion and Ex-Parte hearing dates must be pre-cleared by contacting the Direct Calendaring Clerk at 661-610- 6460. Tentative rulings can be located by visiting “http://www.kern.courts.ca.gov/”, after 4:00 pm. Click on the Non- Criminal Case Information link to enter the case number. Please note, not all departments provide tentative rulings. At the time of filing the complaint, plaintiff's counsel will be given a Notice of Case Management Conference which sets a conference approximately one hundred eighty (180) days after filing of the complaint. This notice must be served with the summons and complaint on all defendants. Defendants must serve the notice on all cross-defendants named. The notice must also be served on interveners and lien claimants. Telephonic appearances for case management conferences and law and motion hearings are available through Court Call. The toll free telephone number for Court Call is (888) 88-COURT. Proper procedures must be complied with under California Rules of Court, Rule 3.670. Arrangements to make appearances through Court Call must be made at least five (5) court days prior to the hearing date. Another judge will hear settlement conferences in cases assigned to Judge T. Mark Smith. However, those cases that do not settle will be set for trial before him/her. Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 3 of 5 ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A CALIFORNIA CORPORATION ET AL BCV-23-103172 SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN SPECIAL RULES RELATING TO CASE MANAGEMENT CONFERENCES At least fifteen (15) days prior to the case management conference, each party shall prepare, file and serve on each other party a case management conference statement providing the Court with the following information: The “at-issue” status of the case including any new parties that may be contemplated; A brief statement of the type of case and the general facts or contentions; A description of the discovery done to date and that contemplated to be done; Estimated time for trial and whether a jury is demanded; Whether or not the case is entitled to priority in trial setting and if so, the legal authority thereof; An evaluation of the case for alternative dispute resolution, including arbitration (judicial or binding), mediation or private judge handling; If a person injury action, a description of the injuries sustained by each plaintiff and the elements of claimed damage, A statement of any settlement negotiations undertaken thus far; The name of the attorney primary responsible for the case on behalf of the party filing the statement. More than one party may join in the filing of a single statement. The case management conference shall be attended by the attorney primarily responsible for the case on behalf of each party or a member of his or her firm or counsel formally associated in the case. The attorney attending shall be thoroughly familiar with the case, and be able to engage in meaningful discussions with court and counsel, and to enter into agreements on behalf of his or her client on the following subjects: 1 The “at-issue” status of the case including the dismissal of the unnamed doe defendants or cross-defendants by agreement of all parties; Discovery conducted and remaining to be done; Amenability of the case to alternative dispute resolution including, but no limited to, arbitration (judicial or binding), mediation, and private judge handling. Delineation of issues including stipulation of facts not in substantial controversy; Settlement prospects; Setting the matter for trial, pre-trial conferences, settlement conference or further case management conference; Any other matters relevant to the processing of the case to a final resolution. Any violation of these rules shall result in the imposition of substantial sanctions which may include monetary, issue, termination, or other appropriate sanctions. Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference Page 4 of 5 ANGEL RIVERA, AS AN AGGRIEVED EMPLOYEE ET AL VS JEFF PERIERA HOME ENERGY, INC., A CALIFORNIA CORPORATION ET AL BCV-23-103172 CERTIFICATE OF POSTING The undersigned, of said Kern County, certify: That | am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Case Management Conference attached hereto on all interested parties and any respective counsel of record in the within action by posting true copies thereof, to the Superior Court of California, County of Kern, Non-Criminal Case Information Portal (https://www.kern.courts.ca.gov). Date of Posting: September 25, 2023 Place of Posting: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. TAMARAH HARBER-PICKENS CLERK OF THE SUPERIOR COURT Date: September 25, 2023 Signed: 9/25/2023 10:36:51 AM By: Julia Barrera’ Deputy Clerk Certificate of Posting - Notice of Assignment/Notice of Order to Show Cause Re CRC 3.110/Notice of Cas¢ Management Conference Page 5 of 5 ELECTRONICALLY FILED 9/25/2023 8:00 AM Kern County Superior Court By Julia Barrera, Deputy BIBIYAN LAW GROUP, P.C. David D. Bibiyan (Cal. Bar No. 287811) david@tomorrowlaw.com Jeffrey Klein (Cal. Bar No. 297296) jeff@tomorrowlaw.com Henry Glitz (Cal. Bar No. 349815) henry@tomorrowlaw.com 8484 Wilshire Boulevard, Suite 500 Beverly Hills, California 90211 Telephone: (310) 438-5555 Facsimile: (310) 300-1705 Attomeys for Plaintiff, ANGEL RIVERA, as an aggrieved employee, and on behalf of all other aggrieved employees SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN il ANGEL RIVERA, as an aggrieved employee, CASE NO.:BCV-23-103172 12 and on behalf of all other aggrieved employees under the Labor Code Private Attorneys’ REPRESENTATIVE ACTION 13 General Act of 2004, 14 COMPLAINT UNDER THE LABOR Plaintiff, CODE PRIVATE ATTORNEYS’ GENERAL ACT OF 2004 FOR CIVIL 15 PENALTIES UNDER LABOR CODE Vv. SECTIONS 210, 226.3, 558, 1174.5, 1197.1 16 JEFF PERIERA HOME ENERGY, INC, a and 2699 17 California corporation; EXPRESS SERVICES, INC.; a Colorado Corporation; DEMAND FOR JURY TRIAL 18 and DOES 1 through 100, inclusive, Amount in Controversy Greater Than 19 Defendants. $25,000.00] 20 21 22 23 24 25 26 27 28 PAGA COMPLAINT COMES NOW plaintiff ANGEL RIVERA (“Plaintiff”), as aggrieved employees, and on behalf of all other aggrieved employees under the Labor Code Private Attorneys’ General Act of 2004, and alleges as follows: JURISDICTION AND VENUE 1 This is a representative action, pursuant to the Labor Code Private Attorneys General Act of 2004, codified at Labor Code section 2698, et seq. (“PAGA”), against JEFF PERIERA HOME ENERGY, INC., a California corporation, and any of its respective subsidiaries or affiliated companies within the State of California (HOME ENERGY”), and EXPRESS SERVICES, INC., a Colorado Corporation, and any of its respective subsidiaries or affiliated companies within the 10 State of California (“EXPRESS”) (“HOME ENERY” “EXPRESS” and DOES 1 through 100, as ll further defined below, “Defendants”), as a proxy of the Labor and Workforce Development Agency 12 of the State of California (‘LWDA”), on behalf of Plaintiff and all other current and former non- 13 exempt employees of Defendants working within the Civil Penalty Period, as further defined herein, 14 and, as it pertains to the alleged claims for failure to comply with Labor Code section 2810.5, Labor 15 Code section 203, Labor Code section 226, Labor Code section 227.3, Labor Code section 24, et 16 seq., Labor Code section 2802, restraints on competition, whistleblowing and freedom of speech on 17 behalf of all employees of Defendants working within the Civil Penalty Period (collectively, 18 “Aggrieved Employees”). 19 2 Jurisdiction exists in the Superior Court of the State of California pursuant to Code 20 of Civil Procedure section 410.10. 21 3 Venue is proper in Kern County, California pursuant to Code of Civil Procedure 22 sections 392, et seq. because, among other things, Kern County is where the causes of action 23 complained of herein arose; the county in which the employment relationship began; the county in 24 which performan